Another Lose/Lose Proposition on Clinton Emails

In a motion filed Tuesday, attorneys for Vice News reporter Jason Leopold formally protested the classified declaration the FBI filed offering U.S. District Court Judge Randy Moss additional details about the ongoing FBI investigation into how classified information wound up on Clinton's private server, which hosted the personal email account she used in lieu of a government one during her four years as secretary of state.

Leopold's attorneys argue that the Justice Department violated normal legal protocol by failing to seek advance permission from the court or notice to the other side before filing the unusual "ex parte" pleading.

"Because Defendant submitted the declaration ex parte for in camera review without prior permission from the Court, or opportunity for Plaintiff to be heard, there is no public record justifying the need for such secrecy of the portions that are not classified, or for the court to rule on the lawfulness of the Defendant’s nondisclosure," lawyers Jeffrey Light and Ryan James wrote.

The protest gained some traction late Wednesday afternoon when Moss ordered the Justice Department to file publicly a redacted copy of the secret filing or "show cause why" that isn't possible. He gave the government until April 26 to do that.

So, either the Justice Department has to prove that classified information was indeed present... or it has to provide an account of why it would be too damaging to show it in open court. That should make it really fun when it comes time to explain why they aren't prosecuting her.